Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/70

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DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

the life of such woman, or shall have been advised by two physicians to be necessary for that purpose, shall, upon conviction, be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.
Sec. 2. That any physician, or other person, who shall administer to any woman pregnant with a quick child, any medicine, drug, or substance whatever, or shall use or employ any instrument, or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case of the death of child or mother in consequence thereof, be deemed guilty of high misdemeanor, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than seven years, nor less than one year.[1]
  1. Indiana (1835):
    That every person who shall wilfully administer to any pregnant woman, any medicine, drug, substance or thing whatever, or shall use or employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall upon conviction be punished by imprisonment in the county jail any term of time not exceeding twelve months and be fined any sum not exceeding five hundred dollars.[2]

  1. Act of Feb. 27, 1834, §§ 1, 2, 1834 Ohio Laws 20-21 (emphasis added).
  2. Act of Feb. 7, 1835, ch. 47, § 3, 1835 Ind. Gen. Laws 66 (emphasis added).